That’s because, it explains, the tax is attached to the property itself, not its owner.

The firm argues that if a property seller failed to file an Empty Homes Tax declaration before closing a sale, or if they did — but the city later disputed the paperwork — the tax would fall to the new property holder.

“It’s incumbent on the city to clarify this now with the Law Society,” said real estate consultat Michael Geller.

“Many lawyers who are involved in real estate transactions are quite concerned about this.”

WATCH: Part-time Vancouver resident says Empty Homes Tax is unfair

Thorsteinssons LLP does recommend one way for buyers to protect themselves, which is to demand that a seller file an Empty Homes Tax declaration as a condition of closing a sale.

However, it notes that that measure would not protect a buyer if the city came back and audited the declaration later. Under the tax, the city has two years to review the file.